4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly The Labor Code provision material to this case, and the one being challenged, states: ART. 192. PERMANENT TOTAL DISABILITY xxxx (c) The following disabilities shall be deemed total and permanent: (1) Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules. The rule referred to in the above provision is Rule X, Section 2 of the Rules and Regulations implementing Book IV of the Labor Code. It states: SEC. 2. Period of entitlement. – (a) The income benefit shall be paid beginning on the first day of such disability. If caused by an injury or sickness it shall not be paid longer than 120 consecutive days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. However, the System may declare the total and permanent status at any time after 120 days of continuous temporary total disability as may be warranted by the degree of actual loss or impairment of physical or mental functions as determined by the System. As we said in Vergara, “[t]hese provisions are to be read hand in hand with the POEA [SEC] whose Section 20 [(B)] (3) states”[49]: “Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days.” Elucidating on the combination of the Labor Code provisions and the POEA SEC, this Court, in Vergara said: As these provisions operate, the seafarer, upon sign-off from his vessel, must report to the company-designated physician within three (3) days from arrival for diagnosis and treatment. For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary total disability as he is totally unable to work. He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55083 9/15